Hibernia Homestead & Savings Ass'n v. Lorino

McBRIDE, Judge.

This is an executory process suit. After the satisfaction of plaintiff’s mortgage and the payment of a paving and sewerage lien and all costs, $1624.44 remained in the hands of the Sheriff out of the proceeds of the execution sale, which he deposited in the Registry of the court. Lakeside Acceptance Corporation, the holder of a junior mortgage for $2640.24 against the property foreclosed upon, brought a rule against the Clerk of Court and the defendant-mortgagors claiming the right to have the funds on deposit in the Registry of the court applied pro tanto to the satisfaction…